Being charged with assault can have serious consequences for your freedom, employment and future. Whether the allegation involves a confrontation, a domestic incident or an injury to another person, obtaining legal advice early can help you understand your options and prepare your defence.

George Sten & Co provides advice and representation for people facing assault charges in Sydney and across NSW. With more than 50 years’ experience in criminal law, our team can assess the allegations, explain the court process and develop an approach suited to your circumstances.

Arrested or in custody? Our lawyers can assist with bail applications, including urgent advice about a weekend bail application.

Call (02) 9261 8640, or contact our 24-hour urgent line on 0412 423 569.

What is assault?

In NSW, assault can involve unlawful physical contact or conduct that intentionally or recklessly causes another person to apprehend immediate, unlawful violence. Physical contact and visible injury are not always necessary.

For example, pushing or striking someone may amount to assault. A threatening gesture may also constitute assault if the legal requirements are met, even where no physical contact occurs.

Assault and related offences are addressed under Part 3 of the Crimes Act 1900 (NSW). The charge will depend on matters such as the alleged conduct, any injury caused, the accused person’s intention or recklessness, and the surrounding circumstances.

Types of assault and related offences

Assault allegations can range from common assault to offences involving serious injury or death. Relevant offences and related matters include:

• Common assault.
• Assault occasioning actual bodily harm.
• Assault involving grievous bodily harm.
• Wounding offences.
• Assault causing death.
• Assault causing death when intoxicated.
• Assaults involving police officers and resisting arrest charges.
• Offences involving students or staff at schools.
• Sexual assault and aggravated sexual assault.
• Historical indecent assault charges, where the law applying at the time of the alleged conduct is relevant.
• Kidnapping and detaining a person without consent.

Sexual offences and kidnapping have their own legal requirements and should not be treated as interchangeable with common assault. For each charge, the prosecution must prove the required elements beyond reasonable doubt.

What are the penalties for assault in NSW?

The potential penalty depends on the offence, its seriousness and the court dealing with the matter. Selected statutory maximum penalties include:

These are maximum penalties, rather than the sentence a person will necessarily receive. Lower jurisdictional limits may apply when an eligible offence is finalised in the Local Court.

Depending on the offence and the circumstances, sentencing options may include a fine, a conditional release order, a community correction order, an intensive correction order or full-time imprisonment. Restrictions apply to particular offences and sentencing options.

Assault causing death and the “one-punch” laws

Assault causing death involves an unlawful, intentional hit that causes another person’s death. The legislation also addresses deaths resulting from the person hitting the ground or an object following the assault.

For an offender aged 18 or over convicted of assault causing death when intoxicated under section 25A(2), section 25B provides a mandatory minimum prison sentence of eight years and a non-parole period of at least eight years.

How can an assault charge be defended?

The appropriate defence depends on the evidence and the precise charge. Our lawyers can examine witness accounts, CCTV, medical evidence and police material to identify what is disputed and whether the prosecution can prove its case.

Issues that may require investigation include:

• Whether the accused person was correctly identified.
• Whether the alleged contact or threatening conduct occurred.
• Whether the required intention or recklessness can be established.
• Whether the alleged conduct caused the injury relied on by the prosecution.
• Whether self-defence or another lawful justification applies.

Self-defence can be relevant where a person acts to protect themselves or another person. Its application depends on the circumstances, including the person’s belief about the need to act and the reasonableness of their response.

Your lawyer can advise whether to contest the charge, make representations to the prosecution or prepare a guilty plea and sentencing submissions.

Assault allegations involving domestic violence

An assault allegation involving a partner, former partner, family member or another person in a domestic relationship may be treated as a domestic violence offence.

These matters can also involve bail conditions and an apprehended domestic violence order (ADVO). Understanding and complying with any conditions is essential, including restrictions on contact or attending particular premises.

Our domestic violence lawyers can advise on the criminal charge and any associated ADVO proceedings.

Will an assault charge result in a criminal conviction?

A charge does not automatically result in a conviction. The outcome depends on whether the offence is proved and, if it is, the sentencing options available.

In an appropriate case, a court may find an offence proved without recording a conviction, including through a section 10 dismissal or a conditional release order without conviction. These outcomes are discretionary and are not limited solely to common assault.

For common assault offences, our lawyers can assess whether a non-conviction outcome may be available and prepare supporting material where appropriate. No particular result can be guaranteed.

A conviction may affect employment, professional registration or overseas travel, depending on the applicable requirements and your circumstances.

Speak with an assault defence lawyer in Sydney

If you have been charged with assault, or police wish to speak with you about an allegation, seek legal advice promptly. Early advice can help you understand the charge, preserve relevant evidence and prepare for court.

George Sten & Co can assist with:

• Advice about police interviews and assault allegations.
• Urgent bail applications.
• Reviewing evidence and preparing a defence.
• Representations to the prosecution.
• Court representation and sentencing submissions.

Call (02) 9261 8640 or email us to arrange an appointment.

For urgent assistance, call our 24-hour line on 0412 423 569.

We also have Chinese-speaking criminal lawyers available to assist clients through our Sydney office.